How to Successfully Prepare an L-1 Visa Petition

How to Successfully Prepare an L-1 Visa Petition

An L-1 visa allows executives, managers and employees with specialized knowledge who work in an overseas company that also has U.S. facilities to move to the U.S. to work in the company’s U.S. location. There are two L-1 visa classifications: L-1A for executives or managers and L-1B for professionals with specialized knowledge.

The L-1A Petition

When filing an L-1A petition, it is critical to clearly define whether the executive/manager’s role is a functional or personnel role. Just listing job duties will not necessarily tell the right story; you must also demonstrate where the applicant fits into the corporate management structure.

If the applicant is in a functional manager position, it must be at a senior level, especially if they do not have subordinates. The petition should clearly outline the decision-making authority the applicant has and how their role affects the organization as well as their daily tasks that fall within the corporate function they are managing.

If the applicant is a personnel manager, you must clearly show who the personnel manager supervises and define their duties. The supporting documentation should specifically outline their authority in hiring, firing and conducting performance reviews as well as a detailed job duty outline that shows the percentage of time they spend on managerial duties.

Documents supporting the petition should include organizational charts and detailed job descriptions for the U.S. and foreign positions as well as background information on subordinates to show there is sufficient staff to support the executive/manager.

The L-1B Petition

The L-1B petition should provide details on the applicant’s specialized knowledge and how that knowledge was obtained. It should also delineate how the applicant’s expertise differs from others in the company or industry and how that expertise impacts the company.

In addition, the petition should focus on why it is necessary to have this specialized knowledge in the U.S., and how it provides an advantage for the company to have this expertise or what might happen to the business without it. If possible, distinguish the applicant’s expertise from the standard U.S. Department of Labor description.

Documents supporting the L-1B petition should include documentation on how the applicant gained the specialized knowledge (education and training records, certificates, etc.), detailed job descriptions for the U.S. and foreign positions, letters from senior management on the importance of having this knowledge in the U.S. and the impact to the business if the applicant is not allowed to fill the U.S. role.

The North Miami attorneys at Jurado & Farshchian, P.L. can assist with your business immigration or residency issues. Please contact us at (305) 921-0440, or email us at info@jflawfirm.com.

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